Jharkhand High Court
Ravi Kejriwal vs The State Of Jharkhand .... .... ... on 7 March, 2022
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.352 of 2022
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Ravi Kejriwal .... .... .... Petitioner
Versus
The State of Jharkhand .... .... ....Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Ajit Kumar, Sr. Advocate
For the State : Mr. Ashutosh Anand, A.A.G.-III
For the Informant : Mr. Aishwarya Prakash, Advocate
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Order No.03 Dated- 07/03/2022
I.A. No.1427 of 2022
Heard the parties.
Learned A.A.G-III submits that this interlocutory application has been filed with a prayer to direct the petitioner to comply the order dated 03.02.2022 passed in this case in letter and spirit and thereby furnish the mobile number registered in his name preferably used by him from the year 2018 onwards.
Learned senior counsel for the petitioner submits that in terms of the said order dated 03.02.2022, the petitioner has furnished his contact number and undisputedly, the Investigating Officer could contact the petitioner in the said number and subsequently also, the petitioner also furnished another number and the petitioner undertakes that he will always respond to the calls made by the Investigating Officer in the said number i.e. 8235443930 and the petitioner does not own any SIM Card since the year 2018 and as the petitioner does not own any other SIM Card, hence, the question of providing other number does not arise.
Since the petitioner has furnished his mobile number through his counsel appearing in the case to the investigating officer of the case through the Additional Advocate General hence this court is of the considered view that the order dated the 03.02.2022 has been complied with. Therefore there is no merit in this interlocutory application. Hence the same is dismissed.
(Anil Kumar Choudhary, J.) A.B.A. No.352 of 2022 Apprehending his arrest in connection with Dhurwa P.S. Case No.180 of 2021 instituted under Sections 124-A, 171-E, 120-B/34 of the Indian Penal Code and Section 8/9 of Prevention of Corruption Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Learned senior counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner being the former treasurer of a political party and has since been expelled from the said political party, approached the informant who is a Member of Legislative Assembly from the same party, from which the petitioner has been expelled and offered undue advantage for leaving his party and asked to form a new party in order to form the Government with the opposition party so that the present Government could be toppled.
It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner has already received a notice under Section 41A of the Cr.P.C. and has replied to the same. It is next submitted that the co-accused, with similar allegations, has already been given the privileges of anticipatory bail by this Court vide order dated 27.01.2022 passed in A.B.A. No.259 of 2022. It is then submitted that the petitioner undertakes to co-operate with the investigation of the case and also undertakes that he will appear before the Investigating Officer as and when he directs the petitioner to remain present before him personally and undisputedly the petitioner has furnished his mobile number and he undertakes not to change the said mobile number without giving prior information to the Investigating Officer of the case as well as to the trial court. It is further submitted that the petitioner has falsely been implicated in this case because of his political rivalry and animosity with his former Party Colleague and to harass the petitioner, this false case has been foisted. It is further submitted that First Information Report is vague as neither any date of alleged occurrence nor on which date the co-accused called on the petitioner has been mentioned deliberately, so that in the later date, any alibi of the petitioner can be frustrated by fabricating a particular date to suit this false case of the informant. It is then submitted that no amount which was offered by the petitioner and the co-accused to the informant has been mentioned. It is also submitted that the petitioner has never met with the informant and visited his residence in or around the alleged date of occurrence nor offences alleged is made out against the petitioner. Drawing attention of this Court towards para-10 of the counter-affidavit and para-15 of the instant anticipatory bail application, learned senior counsel for the petitioner submits that the petitioner has no criminal antecedent. It is also submitted that in view of the Schedule X of the Constitution of India; it is not feasible for a single Member of the Legislative Assembly of the ruling party to either defect to the opposition party or to form a new party, which makes the case of the prosecution highly improbable. It is lastly submitted that the petitioner undertakes to furnish sufficient security including cash security of ₹ 1 lakh. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned A.A.G-III appearing for the State being assisted by the learned counsel for the informant oppose the prayer for anticipatory bail of the petitioner.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned Special Judge, A.C.B. Ranchi within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.1,00,000/- (Rupees one lakh) as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, A.C.B. Ranchi in connection with Dhurwa P.S. Case No. 180 of 2021 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and he will not change his mobile number without giving prior information to the Investigating Officer of the case as well as to the trial court and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Choudhary, J.) Animesh/